MANILA, Philippines—The Court of Appeals has affirmed the 57 counts of murder filed against former Mamasapano, Maguindanao, Mayor Akmad Ampatuan.
In a 37-page decision, the appeals court, through Associate Justice Francisco Acosta, said they could not find any error on the May 5, 2010, resolution of then Justice Secretary Alberto Agra.
“In sum, we find no reversible error committed by the public respondents in finding probable cause to indict petitioner for multiple murder,” the ruling, penned by Associate Justice Francisco Acosta, stated.
Ampatuan asked the Court of Appeals to revoke the May 5 resolution and affirm the April 2010 ruling clearing him of the murder charges.
Agra granted the petition for review filed by Akmad and Zaldy Ampatuan seeking the reversal of the resolution of the panel of prosecutors that found probable cause to indict them for their alleged involvement in the massacre of 57 civilians, including at least 30 journalists, on Nov. 23, 2009.
Agra said the defense of alibi of the two accused was stronger than the positive identification of witness Kenny Dalandag.
The April 2010 resolution outraged the relatives of the victims and the public prosecutors, who called on him to revoke the resolution.
Then, on May 5, 2010, Agra reversed his April resolution on the basis of the affidavit of new witness Abdul Talusan, which was submitted by private prosecution lawyer Nena Santos as part of her motion for reconsideration of the April resolution.
Ampatuan said Agra committed grave abuse of discretion, but the appeals court dismissed Ampatuan’s contention.